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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> David Mark Jackson v Myck Djurberg (Practice and Procedure : Practice and Procedure) [2019] UKFTT 52 (PC) (12 December 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/52.html
Cite as: [2019] UKFTT 52 (PC)
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Decision summary
REF/2017/1050
| Case reference | REF/2017/1050 |
|---|---|
| Date of decision | 12/12/2018 |
| Adjudicator | Former Principal Judge Elizabeth Cooke |
| Applicant | David Mark Jackson |
| Respondent | Myck Djurberg |
| Main Category & Sub Category | |
| Category | Practice and Procedure |
| Sub Category | Adjournment of Tribunal's proceedings |
| Secondary Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Express agreement |
| Decision notes | [2019] UKFTT 52 (PC). The parties reached an agreement recorded in a deed which Respondent signed; the deed purported to be a declaration of trust over the Respondent's boatyard and chalet. The Respondent initially claimed not to have signed it, and later claimed to have been trapped into signing it. He also said that he thought the document he signed was a security. He did not attend the hearing; he wrote to say that he had a cold, and provided a self-certification form for absence of work but no medical evidence. HELD that the document was signed and was a genuine agreement; but it was in substance a charge not a declaration of joint ownership. The registrar was directed to cancel the application for a joint ownership restriction but to enter a notice to protect the equitable mortgage created by the deed. |
| Download decision(s) | [2019] UKFTT 52 (PC) |